RAMEN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae appearing for the appellant. Also heard Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent and Ms. M.K. Brown, learned Amicus Curiae appearing for the respondent no.2/informant.

(2.) The instant criminal appeal has been referred by the convict appellant, namely, Ramen Tanti against the judgment and order dtd. 29/7/2019 passed by the Special Judge, Jorhat, in Special Case No. 65/2018, whereby, he has been convicted under Sec. 376 IPC and sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs.5000.00 (Rupees Five Thousand) in default of payment of him, imprisonment for 6 months.

(3.) The prosecution case, which emerged before the learned Trial Court is that on 6/7/2018, the victim herself lodged an FIR alleging that on 4(four) months prior to the date of lodging the FIR, the convict appellant, who was a resident of their line called her to his house on the pretext of washing utensils but he forcefully committed rape on her, taking advantage of the absence of others and that as a result, at the time of lodging the FIR, she was 4(four) months pregnant. She also alleged that the accused threatened her not to disclose the matter to anyone stating that he would kill her if she did so and out of fear, she did not disclose to anyone. She stated that she was 16 years old at the time lodging of the FIR.